Strause v. Sawyer.
Supreme Court of North Carolina
ActioN by I. I. & M. M. Strause against John L. Sawyer and T. C. Jones, heard by Judge Frederick Moore and a jury, at November Term, 1902, of the Superior Court of Pasquo-tank County. Prom a judgment for the defendants the plaintiffs appealed.
1Opinion of the CourtMontgomery, J.
This action was instituted for the recovery of the contract price for a bill of clothing sold and delivered by the plaintiffs to the defendants. The defendants refused to receive the goods, and in their answer denied that the goods were according to sample by which they were sold. Only-one issue was submitted to the jury: “Are the defendants, John L. Sawyer and T. O. Jones, indebted to the plaintiffs, and if so in what amount ?” And for their answer the jury returned a verdict “Nothing.” His Honor read the issue and verdict to the jury and asked the jury if that was their verdict. They said…
2Cases cited2 opinions
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
- Purnell v. Vaughan, Barnes & Co.Supreme Court of North Carolina · 1879
3Cited by4 opinions
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- Cahoon v. . BrinkleySupreme Court of North Carolina · 1915
- Sharpe v. . SowersSupreme Court of North Carolina · 1910